Resident still angry about location of adult store

FAIRFIELD TWP.  An irate resident, armed with a petition signed
by 1,085 residents confronted Mayor Rocco Palmieri at the Monday,
Aug. 25 Township Council meeting demanding that a sexually-oriented
business on Route 46 relocate either to a new area set aside for
such businesses or somewhere else because, he said, it violates
state law. Last year a Superior Court judge overturned a township
ordinance year forcing the township to accept the sex-related
business that township officials claimed they did not want. This
compelled the township to reluctantly make accommodations this year
for this type of business, but in a less visible part of town. This
potent mix fueled an intense, oral exchange between the resident,
Joseph Riotto of Big Piece Road, and Mayor Rocco Palmieri on Aug.
28 during the comment session at the end of the governing bodys
public meeting. The clash left Riotto livid over Palmieris
remarks, and the mayor reportedly feeling blindsided, regretting
he had not stated his case more thoughtfully. Before the row
started, Riotto had asked, Whats the towns position on the Adult
Emporium? As it did when other Adult Emporium questions arose at
previous meetings, the mayor and council fell silent and deferred
to Township Attorney David M. Paris for the response. After first
noting that private citizens are free to bring civil action against
the sex shop, Paris launched into an elaborate history of the case.
Midway through that plodding retrospective, Riotto declared, I
know all that! Are you saying the town considers this a dead
issue? Paris replied, I cant comment on enforcement of state
statutes by other agencies or by citizens. Referring to state law,
N.J.S.A. 2C:34-7, which the sex shop is said to violate at its
current site, Riotto asked, Did you know that C in that statute
stands for Criminal? Im aware of that, snapped Paris But a
complaint would need to be filed. Anyone can do it. For a statute
to be brought before a court a citizen must file a complaint. When
Riotto asked if the police chief could register a complaint against
DEG, the limited liability corporation that owns the Adult
Emporium, for violating state law by operating within 1,000 feet of
a school bus stop, Paris said the police chief would be subject to
legal council before taking such action. Are you saying the Adult
Emporium is not in violation? Riotto asked. I cant comment,
Paris replied, Im not a judge. At this point, Mayor Palmieri
broke in, declaring that he didnt want Fairfield to face another
$100,000 lawsuit, and angrily challenged Riotto to file a complaint
himself. Riotto replied, Sir, earlier you agreed to spend over $7
million dollars on a new police station that one councilman says
isnt even needed right now, and youre worried about $100,000?
Even the school board is worried about lawsuits. Several months
ago the townships K-6 school board had sent two letters to former
Attorney General Zulima Farber asking for enforcement of the state
law Riotto referenced. Before Farber resigned in disgrace last
month because of her ethics violations, she left the boards two,
urgent pleas unanswered. Calling to Police Chief Lynn Centonze, who
was in the audience, Palmieri defiantly asked how many complaints
her department has had regarding Adult Emporium patrons since it
opened early this year. None to date, mayor, the chief replied.
Joe, Palmieri said to Riotto, the Adult Emporium is not the
worst place in the world. Riotto retorted, Not the worst place in
the world? Did you say, not the worst place? Sir, are you aware
there are 300 registered sex offenders in Essex County? And that
sex offenders get their ideas from pornography? After Palmieri
begrudgingly mumbled his assent to that statistic, Riotto explained
that concrete barriers limit vehicular access to the Adult Emporium
from Route 46 and patrons must use Fairfield Road and pass the
grades 4-6 Churchill School to reach it. He then asked the mayor,
Sir, do you want the first victim to be your wife, your daughter?
Meghans Law is there for a reason. Palmieri proclaimed in
exasperation, This is no big deal! No big deal? replied Riotto
incredulously. Thats why we lost our case! and stormed from the
council chambers shouting over his shoulder, Youll find out what
a big deal this is. Those on the dais remained seated in somber
silence a few moments, and then filed out into closed, executive
session. Outgunned In Court In a letter to the editor of The
Progress, which appeared in the July 6 issue, Palmieri wrote, Last
year, an application was made by a well-schooled and legally
represented group of business owners to locate an Adult Emporium
in an existing building on Route 46 East. DEGs well-schooled
legal assault and Fairfields inability to combat it is evident in
the opinion that Superior Court Assignment Judge Patricia K.
Costello wrote in Newark on Friday, Nov. 4 last year. She issued it
at the same time she overturned Fairfields ordinance, ending the
first part of DEGs lawsuit, and ordered the township to allow the
Adult Emporium to conduct its business at its current Route 46
location. Also at that time Costello allowed the remaining part of
DEGs lawsuit to go forward, which demanded reimbursement from the
township for the legal fees DEG incurred while waging its war to
invalidate Fairfields ordinance. Costello ruled that Fairfields
ordinance was unconstitutional because it violated the First
Amendment. She declared further in that opinion that the township
has not demonstrated that its absolute ban on adult bookstores
serves a compelling government interest or that it is the least
restrictive means to accomplish that purpose. Citing a market
survey for sexually oriented product demand in this area, which DEG
presented to her, the judge wrote: DEG asserts that there are
currently five adult businesses per 742,306 people in the relevant
market area, or a ratio of one adult business to 148,461 people.
These ratios are clearly inadequate under the standards set forth 
She then cited the standards legal cases elsewhere in this
country have set that allegedly support her assertion of
sex-product scarcity in this part of the state. Earlier this year
DEG withdrew its demand for reimbursement of legal expenses in
settling the last part of its lawsuit against Fairfield. In return
the township allowed DEG to continue doing business, grandfathered
and harassment free, in its current location, but under several
restrictions. The mayor and council subsequently rezoned an area in
the western end of the township where other so-called
adult-oriented businesses could operate. State law prohibits such
businesses from locating within 1,000 feet of school bus stops, a
restriction the Adult Emporium on Route 46 allegedly violates. In
addition, it prevents them from locating within 1,000 feet of
schools, houses of worship, playgrounds, residential areas,
hospitals, and child daycare centers. The township apparently tried
to invoke that state law as part of its defense and to enlist the
aid of then-Attorney General Peter Harvey, but he declined to get
involved. Elsewhere in her Nov. 4, 2005 opinion, however, Judge
Costello wrote that it is premature to declare the state statute
unconstitutional as applied because N.J.S.A. 2C:34-7 has yet to be
applied in this case. Missing Letter From Farber During his
exchange with Paris earlier in the confrontation, Riotto waved
aloft a letter dated Thursday, June 1, 2006 that Assemblyman John
F. McKeon, D-Essex, sent to him in response to his request for
McKeons help in getting the state law enforced. He then presented
a copy of it to Paris. McKeon said his efforts resulted in Farber
writing to the assemblyman, who then relayed the essence of her
remarks to Riotto. McKeon wrote that Farbers letter says because
she was not being named as a defendant in the lawsuit and due to a
lack of statewide import, a defense by said (her) office is not
feasible. According to McKeon, Enforcement of the statute has
been historically left up to the municipalities when the case
involves a constitutionally challenge on an as applied basis.
Although McKeon told Riotto in his letter that The Township of
Fairfield has been forwarded a copy of Farbers letter and that
McKeon had been in contact with the township attorney, Paris denied
repeatedly that either he or anyone else in Fairfield had received
the letter Farber sent to McKeon. Paris explained that even if
Fairfield had the letter it would be a confidential communication
between those two state officials and, therefore, not a public
record. With the State Legislature bearing among its duties the
responsibility for the passage of statutes that apply statewide,
McKeon offered no reaction in his letter to Riotto as to how either
he or his fellow legislators felt about Farbers assertion that any
of their legislative output would not have statewide import.
Attorney general designate Stuart Rabner of Caldwell, who is
awaiting confirmation to Farbers old post, might see things
differently about this case, should he agree to revisit it. If he
were to decline such an invitation, there would be the independent
State Commission of Investigation (SCI) to turn to, which looks
into charges that state public officials at any level are
neglecting to enforce state laws.

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